NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED FISCAL
YEAR 1998 APPROPRIATIONS ACT, P.L. 105-78; SIGNED NOVEMBER 13, 1997:
Release Date: February 12, 1998
P.T.
National Institutes of Health
The purpose of this notice is to provide information on the following
statutory provisions that limit the use of funds on National Institutes of
Health (NIH) grant, cooperative agreement, and contract awards:
(1) Continued Salary Limitation (Section 204)
(2) Anti-Lobbying (Section 503)
(3) Restriction on Distribution of Sterile Needles (Section 505 and 506)
(4) Purchase of American-Made Equipment and Products (Section 507)
(5) Acknowledgment of Federal Funding (Section 508)
(6) Ban on Funding of Human Embryo Research (Section 513)
(7) Limitation on Use of Funds for Promotion of Legalization of Controlled
Substances (Section 514)
(1) CONTINUED SALARY LIMITATION (Section 204)
None of the FY 1998 appropriated funds for the National Institutes of Health
and the Substance Abuse and Mental Health Services Administration shall be
used to pay the salary of an individual, through a grant, cooperative
agreement, or contract, at a rate in excess of $125,000 per year. Please
reference related information in this issue of the NIH Guide. Applications
and proposals with direct salaries for individuals in excess of $125,000 per
year will be adjusted in accordance with the legislative salary limitation.
(2) ANTI-LOBBYING (Section 503)
Language in this Act prohibits the use of appropriated funds to pay the salary
or expenses of any grant, cooperative agreement, or contract recipient or
agent acting for such recipient, related to any activity designed to influence
legislation or appropriations pending before Congress or any State
legislature. Specifically, this provision also prohibits the use of funds for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or
defeat legislation pending before the Congress or any State legislature,
except in presentation to the Congress or any State legislature itself.
(3) RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES (Section 505 & 506)
Section 505 prohibits the use of funds to implement any program involving
distribution of sterile needles or syringes for the hypodermic injection of
any illegal drug. Section 505, however, is subject to the condition stated in
Section 506. Specifically, Section 506 states that after March 31, 1998, a
program for exchanging needles and syringes for used hypodermic needles and
syringes may be carried out in a community if: (1) the Secretary of Health
and Human Services determines that exchange projects are effective in
preventing the spread of HIV and do not encourage the use of illegal drugs;
and (2) the project is operated in accordance with criteria established by the
Secretary for preventing the spread of HIV and for ensuring that the project
does not encourage the use of illegal drugs.
(4) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS (Section 507)
It continues to be the sense of Congress that, to the greatest extent
practicable, all equipment and products purchased with grant, cooperative
agreement, or contract funds should be American-made. Individuals convicted
of intentionally affixing false þMade in Americaþ labels to products sold in
or shipped to the United States will be ineligible from receiving any contract
or subcontract funds made available through this Act.
(5)ACKNOWLEDGMENT OF FEDERAL FUNDING (Section 508)
Section 508 mandates that all grantees funded with Federal dollars, in whole
or in part, acknowledge Federal funding when issuing statements, press
releases, requests for proposals, bid solicitations and other documents.
Grantees are required to state (1) the percentage and dollar amounts of the
total program or project costs financed with Federal money, and (2) the
percentage and dollar amount of the total costs of the project or program
financed by nongovernmental sources.
(6)BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 513)
Section 513 reinstates the current ban that prohibits NIH from using
appropriated funds to support human embryo research. Grant, cooperative
agreement and contract funds may not be used for (1) the creation of a human
embryo or embryos for research purposes; or (2) research in which a human
embryo or embryos are destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on fetuses in utero
under 45 CFR 46.208(a)(2) and Section 498(b) of the Public Health Service Act
(42U.S.C.289g(b)). The term þhuman embryo or embryosþ includes any organism,
not protected as a human subject under 45 CFR 46 as of the date of the Act,
that is derived by fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.
(7) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED
SUBSTANCES (Section 514)
Section 514 prohibits Federal officials from knowingly using appropriated
funds to support activities that promote the legalization of any drug or other
substance included in schedule I of the schedules of controlled substances
established by section 202 of the Controlled Substances Act (21 U.S.C. 812).
The limitation shall not apply when it is made known to the Federal official
having authority to obligate or expend such funds that there is significant
medical evidence of a therapeutic advantage to the use of such drug or other
substance or that federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
INQUIRIES
For more information concerning this notice or other policies relating to
grants or contracts, please refer to the Grants Policy portion
(http://grants.nih.gov/grants/policy/policy.htm) of the NIH Home Page
(http://www.nih.gov). Appropriate links to related regulations and policies
will be provided with the copy of this notice when posted. If additional
questions remain, please contact your awarding grants or contracts management
office in the NIH Institutes and Centers.